Patents Rules, 2003
24B. Examination of application.—
1.
i.
A
request for examination under section 11 13 shall be made in Form 18 within
forty-eight months from the date of priority of the application or from the
date of filing of the application, whichever is earlier;
ii.
The
period within which the request for examination under sub-section (3) of
section 11B to be made shall be forty-eight months from the date of priority if
applicable, or forty-eight months from the date of filing of the application;
iii.
The
request for examination under sub-section (4) of section 11B shall be made
within forty-eight months from the date of priority or from the date of filing
of the application, or within six months from the date of revocation of the
secrecy direction, whichever is later;
iv.
The
request for examination of application as filed according to the 'Explanation'
under sub-section (3) of section 16 shall be made within forty-eight months
from the date of filing of the application or from the date of priority of the
first mentioned application or within six months from the date of filing of the
further application, whichever is later;
v.
The
period for making request for examination under section 11B, of the
applications filed before the 1st day of January, 2005 shall be the period
specified under the section 11B before the' commencement of the Patents
(Amendment) Act, 2005 or the period specified under these rules, whichever
expires later.
1.
2.
i.
The
period within which the Controller shall refer the application and
specification and other documents to the examiner in respect of the
applications where the request for examination has been received shall
ordinarily be one month from the date its publication or one month from the
date of the request for examination whichever is later:
Provided that such reference shall be made in order in which the
request is filed under sub-rule (1).
i.
The period within which the examiner shall make the report under
sub-section (2) of section 12, shall ordinarily be one month but not exceeding
three months from the date of reference of the application to him by the
Controller;
ii.
the period within which the Controller shall dispose off the
report of the examiner shall ordinarily be one month from the date of the
receipt of the such report by the Controller.
1.
2.
3. A first
examination report along with the application and specification shall be sent
to the applicant or his authorised agent ordinarily within six months from the
date of the request for examination or six months from date of publication
whichever is later. In case other interested person files the request, for
examination, an intimation of such examination may be sent to such interested
person.
4. The time
for putting an application in order for grant under section 21 shall be twelve
months from the date on which the first statement of objection is issued to the
applicant to comply with the requirements.
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